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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Irshad Ali,J.
Pawan Kumar – Appellant
Versus
State Of U.P. Thru Secretary – Respondent
JUDGMENT :
Irshad Ali, J.
1. Heard Sri Virendra Misra, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the respondent - State.
2. By means of present writ petition, the petitioner is challenging the order dated 14.05.2003 passed by Commissioner, Faizabad Division, Faizabad in revision No.73 Barabanki under Section 56 of Indian Stamp Act; Pawan Kumar Agrawal Vs. State of U.P. and others and order dated 05.03.2001 passed by Additional District Magistrate, (Finance and Revenue) (ADM - F&R), Barabanki in case No.80/2000-01 under Section 47A/33 Indian Stamp Act; State of U.P. Vs. Pawan Kumar Agrawal.
3. Factual matrix of the case is that the petitioner took a piece of land area measuring 130 Ft. in east to west side and 350 Ft. in north-south length of Gata No.171 and 173 situated at revenue village Satrahi Pargana and Tehsil Haidergarh, District Barabanki. A notice was issued by the Collector, Stamps, Barabanki, which was replied by the petitioner on 14.09.1998 and specifically denied the allegations and justified the assessment of stamps of instrument of tenancy of land in question.
4. The Tehsildar, Haidergarh prepared a report and found a deficiency
Transfer of possession without the transfer of holding does not constitute a sale under Section 164 of the U.P. Zamindari Abolition and Land Reforms Act.
Possession transfer does not equate to ownership without statutory compliance; unregistered deeds for properties over Rs. 100 are invalid.
Transfer of a share in land is distinct from fragmentation; statutory clarifications in the U.P Zamindari Abolition and Land Reforms Act establish this legal distinction.
The Assistant Consolidation Officer cannot create new rights in land through compromise; only existing statutory rights can be recognized under the U.P. Consolidation of Holdings Act.
The Assistant Collector First Class is the sole authority to declare agricultural land transactions void under Section 166 of the U.P. Zamindari Abolition and Land Reforms Act.
The agreement to sell did not transfer the land, and the deletion of Section 168-A removed any legal impediment to executing the sale deed.
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